The Queen, at the prosecution of John Giles, v Edward Lawlor

Judgment Date08 June 1853
Date08 June 1853
CourtCourt of Criminal Appeal

Crim. Appeal.

THE QUEEN, at the prosecution of JOHN GILES,

Regina v. Overton 4 Q. B. 83.

Ryalls v. The Queen 3 Cox, C. C., 254.

Regina v. Bishop 1 Car. & Marsh, 302.

Lavey v. The QueenENR 5 Cox, C. C., 269; S. C., 2 Den., C. C., 504.

Belk v. BroadbentENR 3 T. R. 183.

Rowland v. Veale Cowp. 18.

Regina v. Martin 3 Cox., C. C., 447.

COMMON LAW REPORTS. 507 E. T. 1853. Grim. Appeal. THE QUEEN, at the prosecution of JOHN GILES, EDWARD LAWLOR.* June 8. Tills case came before the Court, on a question submitted to them An indictment for perjury by the Assistant-Barrister of the East Riding of the county of Cork, charged that a civil-bill came namely, whether, under the circumstances stated, the conviction of on to be tried in due form of the defendant Edward Lawlor, for perjury, was a good conviction. law, and was tried by the The case stated that the prisoner was tried at the Middleton Assistant-Bar- ster the for Quarter Sessions, holden in March last, for the county Cork, East cony on which trial the prisoner Riding, on an indictment for perjury, alleged to have been corn- (being defend- mitted by him on the hearing of a civil-bill process, tried at the ant in the civil Civil-bill Sessions, holden at Middleton, in the East Riding of the bill) appeared, and was then county of Cork, in November 1852, before the Assistant-Barrister and there duly sworn before for said Riding, in which the traverser was sued as defendant, and the Assistant Barrister, he on which he was examined as a witness in support of his own case. having suffi cient and com The indictment was as follows :- patent author- ity " Cork, East Riding. -t" The Jurors for our Lady the Queen / ter is- ter min said oath. "Division of Middleton. Held, that upon their oath, do say and present, the indictment "that heretofore, to wit, at the General Sessions of the Peace, was sufficient; and that it was "holden at, &c., on, &c., before Walter Berwick, Assistant-Barrister not necessary to aver that "for the said County and Riding, a certain civil-bill, wherein one the civil-bill fact wor a " John Ffolliott Giles was plaintiff; and one Edward Lawlor was of action cause within the ju- "defendant, came on to be tried in due form of law, and was then risdiction of the Civil-bill "and there tried by the said Walter Berwick, Assistant-Barrister Court. "for the said Cork county, and East Riding and division, upon Held also, that the Court "which said trial said Edward Lawlor, of, &c., then and there ap- of Quarter Sessions had "geared as witness, for and on behalf of himself; ; and the said jurisdiction to try a case of perjury. Held also, that the Barrister had jurisdiction to award the costs and expenses of such prosecution to the prosecutor. * Comm MONAHAN, C. J PICOT, C. B., PENNEFATHER, B., CRAMPTON, PERRIN, BALL, JACKSON, MOORE, J.J., and GREENE, B. 508 COMMON LAW REPORTS. "Edward Lawlor, the defendant in the said civil-bill, was then and "there duly sworn, and took his corporal oath upon the Holy GosÂÂ" pels of God, before the said Walter Berwick, so being such AsÂÂ" sistant-Barrister for the said East Riding of said county ; that the "evidence which he (the said Edward Lawlor) should give to the " Court, touching the matter then in question between the said parÂÂ" ties, should be the truth, the whole truth, and nothing but the "truth, he (the said Walter Berwick), Assistant-Barrister as aforeÂÂ" said, having then and there sufficient and competent authority to "administer the said oath to the said Edward Lawlor in that beÂÂ" half. And the jurors aforesaid, upon their oath aforesaid, do "further present, that at and upon the trial of the said civil-bill "between the said parties, it then and there became and was a "material question whether the said Edward Lawlor got, between "the ,Ist day of December, in the year of our Lord 1850, and the "1st day of December 1851, from the plaintiff, John Ffolliott Giles, "twenty-five tierces or half-barrels of porter ; and whether the said " Edward Lawlor got porter from the said John F. Giles, someÂÂ" times, half a barrel in a week-sometimes, in a fortnight, and "whether a greater interval than three weeks elapsed during said "year, during which the said Edward Lawlor got no porter from "the said John F. Giles. And the jurors aforesaid, upon their oath " aforesaid, do further say and present that the said Edward Lawlor, " being so sworn as aforesaid, not having the fear of God before " his eyes-not regarding the laws of this realm-but being moved "and seduced by the instigations of the Devil, and contriving and "intending to prevent the due course of law and justice, and unÂÂjustly to aggrieve the said John F. Giles, the said plaintiff then "and there, on the trial of the said civil-bill, upon his oath aforeÂÂ" said, falsely, corruptly, knowingly, wilfully and maliciously, before "the said Walter Berwick, Assistant-Barrister for said Cork county " and East Riding aforesaid, did depose and swear, in...

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